House Bill hb1235

    Florida House of Representatives - 2002                HB 1235

        By Representative Fields






  1                      A bill to be entitled

  2         An act relating to provisional ballots;

  3         amending s. 101.048, F.S.; removing the

  4         requirement that a provisional ballot be cast

  5         in the precinct of the voter's legal residence;

  6         providing that a provisional ballot shall be

  7         counted with respect to all races for which the

  8         voter was a qualified elector; providing an

  9         effective date.

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11  Be It Enacted by the Legislature of the State of Florida:

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13         Section 1.  Subsections (1) and (2) of section 101.048,

14  Florida Statutes, are amended to read:

15         101.048  Provisional ballots.--

16         (1)  At all elections, a voter claiming to be properly

17  registered in the county and eligible to vote at the precinct

18  in the election, but whose eligibility cannot be determined,

19  shall be entitled to vote a provisional ballot. Once voted,

20  the provisional ballot shall be placed in a secrecy envelope

21  and thereafter sealed in a provisional ballot envelope. The

22  provisional ballot shall be deposited in a ballot box. All

23  provisional ballots shall remain sealed in their envelopes for

24  return to the supervisor of elections.

25         (2)(a)  The county canvassing board shall examine each

26  provisional ballot to determine if the person voting that

27  ballot was entitled to vote at the precinct in the election

28  and that the person had not already cast a ballot in the

29  election.

30         (b)1.  If it is determined that the person was

31  registered and entitled to vote at the precinct in the

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CODING: Words stricken are deletions; words underlined are additions.






    Florida House of Representatives - 2002                HB 1235

    760-113-02






  1  election, the canvassing board shall compare the signature on

  2  the provisional ballot envelope with the signature on the

  3  voter's registration and, if it matches, shall count the

  4  ballot with respect to all races for which the person was a

  5  qualified elector.

  6         2.  If it is determined that the person voting the

  7  provisional ballot was not registered or entitled to vote at

  8  the precinct in the election, the provisional ballot shall not

  9  be counted and the ballot shall remain in the envelope

10  containing the Provisional Ballot Voter's Certificate and the

11  envelope marked "Rejected as Illegal."

12         Section 2.  This act shall take effect July 1, 2002.

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15                          HOUSE SUMMARY

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      Removes the requirement that a provisional ballot be cast
17    in the precinct of the voter's legal residence, and
      provides that a provisional ballot shall be counted with
18    respect to all races for which the voter was a qualified
      elector.
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CODING: Words stricken are deletions; words underlined are additions.